MSPB

Filing an MSPB Appeal: What Federal Employees Need to Know

For federal employees, taking action against wrongful adverse employment actions often involves filing an appeal with the Merit Systems Protection Board (MSPB). The MSPB is an independent, quasi-judicial agency in the Executive branch, and it is tasked specifically with handling federal employees’ (and former federal employees’) complaints involving certain types of prohibited personnel practices and other violations of federal employees’ rights. If you need to file an MSPB appeal, there is a lot you need to know.

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Should I Depose Agency Witnesses in an MSPB Case? A Guide for Federal Employees

When federal employees face adverse personnel actions—such as demotion, suspension, or removal—and decide to appeal to the Merit Systems Protection Board (MSPB), one of the most critical decisions they’ll need to make is whether to depose agency witnesses. Depositions can be powerful tools in MSPB cases, allowing appellants to gather crucial testimony and clarify facts before a hearing. However, they also come with potential risks and costs.

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What Is Discovery in an MSPB Case for Federal Employees in New York?

Federal employees who face adverse actions such as removal, suspension, demotion, or other disciplinary measures have the right to appeal their case to the Merit Systems Protection Board (MSPB). One of the critical phases in any MSPB appeal is the discovery process. Discovery allows both parties to gather evidence, identify key issues, and prepare their arguments before the hearing.

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My Business Is Being Sued by Someone in a Wheelchair, Claiming It Is Not Accessible. What Do I Do?

If your business is facing a lawsuit alleging noncompliance with the Americans with Disabilities Act (ADA), you might feel overwhelmed and unsure of your next steps. The ADA requires businesses to provide reasonable access to individuals with disabilities, but the law's specifics can be complex and often open to interpretation. As a business owner, understanding your obligations under the ADA and how to respond effectively to such a lawsuit is crucial.

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What is the MSPB?

When it comes to employment disputes within the federal government, few entities hold as much importance as the Merit Systems Protection Board (MSPB). For federal employees, the MSPB serves as a key resource in safeguarding their rights and ensuring fair treatment in the workplace. As an employment law firm in New York, our team has seen firsthand how understanding the MSPB's role can empower federal workers facing disciplinary actions, wrongful terminations, or whistleblower retaliation.

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What Are Possible Defenses in an MSPB Case?

If you are a federal employee who has been subjected to adverse employment actions such as removal, demotion, or lengthy suspensions, you have the right to challenge those decisions through the Merit Systems Protection Board (MSPB). However, successfully defending against agency actions requires more than just filing an appeal—it demands a well-crafted legal strategy supported by evidence and applicable defenses. Below, we discuss the possible defenses federal employees can use in an MSPB case, highlighting how these arguments can challenge an agency's adverse actions and protect your federal career.

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